This form is used by the defendant to respond to plaintiff's motion for additur or new trial in which the defendant argues that the jury verdict should not be modified and that the plaintiff should not be awarded a new trial.
Maryland Response to Plaintiff's Motion for Additur or New Trial
State:
Multi-State
Control #:
US-PI-0062
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Response To Plaintiff's Motion For Additur Or New Trial?
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The clerk shall not accept for filing any pleading or other paper requiring service, other than an original pleading, unless it is accompanied by an admission or waiver of service or a signed certificate showing the date and manner of making service.
Rule 2-323(e).) A party may deny specific averments or paragraphs or may generally deny all the averments except averments or paragraphs that are specifically admitted (Md. Rule 2-323(c)). A defendant may generally deny liability for any count for breach of contract, debt, or tort that seeks solely money damages (Md.
A plaintiff must file a response to a motion for a more definite statement within 15 days after service of the motion (Md. Rule 2-311(b)). If a defendant serves the motion on the plaintiff by mail, the plaintiff has 18 days after service to respond (Md. Rule 1-203(c)).
If a pleading to which an answer is permitted is so vague or ambiguous that a party cannot reasonably frame an answer, the party may move for a more definite statement before answering. The motion shall point out the defects complained of and the details desired.
Rule 2-323 - Answer (a) Content. A claim for relief is brought to issue by filing an answer. Every defense of law or fact to a claim for relief in a complaint, counterclaim, cross-claim, or third-party claim shall be asserted in an answer, except as provided by Rule 2-322.
Rule 3-535. REVISORY POWER (a) Generally On motion of any party filed within 30 days after entry of judgment, the court may exercise revisory power and control over the judgment and may take any action that it could have taken under Rule 3-534.
(e) Time for Filing. If a party files a third-party claim more than 30 days after the time for filing that party's answer, any other party may file, within 15 days of service of the third-party claim, a motion to strike it or to sever it for separate trial.
Rule 2-532 - Motion for Judgment Notwithstanding the Verdict (a) When Permitted. In a jury trial, a party may move for judgment notwithstanding the verdict only if that party made a motion for judgment at the close of all the evidence and only on the grounds advanced in support of the earlier motion.